Case Concerning the Detention of Three Ukrainian Naval Vessels; (Ukraine v. Russian Federation)

Abstract

International tribunals — Provisional measures — Jurisdiction — United Nations Convention on the Law of the Sea, 1982 (“UNCLOS”) — International Tribunal for the Law of the Sea (“ITLOS”) — Arbitral tribunal constituted under Annex VII of UNCLOS (“Annex VII tribunal”) — Provisional measures requested pending constitution of Annex VII tribunal — Article 290(5) of UNCLOS — Prima facie jurisdiction — Whether dispute concerning interpretation or application of UNCLOS — Immunity of warships and auxiliary vessels — Immunity of crewmembers — Military activities exception — Article 298(1)(b) of UNCLOS — Whether incident of 25 November 2018 involving military activities excluded from jurisdiction of Annex VII tribunal — Distinction between military and law-enforcement activities — Whether Parties using force in the context of incident of 25 November 2018 — Plausibility of rights invoked by Ukraine — Real and imminent risk of irreparable prejudice — Urgency — ITLOS having power to prescribe provisional measures different, in whole or in part, from those requested — Provisional measures for non-aggravation and non-extension of dispute — Binding character of provisional measures — Report on compliance with provisional measures prescribed

Sea — Straits — Kerch Strait — Passage through Kerch Strait obstructed — Confrontation between warships of Ukraine and Russian Federation